An Overview

IDEA

Section 504

is a federal law that governs and provides funding for early intervention and special education for students who meet the criteria for eligibility in 14 specified catrgories of diabilities
is a federal law that protect the rights of individuals with disabilities; it ensures that students with disabilities receive regular or special education and related aid designed to meet the student's need as adequately as nondisabled students

Eligibility

All students who have been identified as having a disabilty must be evaluated to determine what modifications or service they should receive
Section 504 does not have this requirement
Student's disability must adversely affect his educational performance
Students do not need to receive special education to qualify
Covers all school-aged students with qualifying conditions
Covers individuals qualified as "handicapped" for their lifespan in areas which include education, employment, public access to buildings, transportation
Qualifying condictions are autism, specific learning disabilities, speech or language impairments, emotional disturbances, tramatic brain injury, visual and hearing impairment.
Qualifying conditions are physical or mental impairment that significantly limits a major life activity like caring for ones self, walking, speaking, breathing,seeing and hearing.

Evaluation

requires an evaluation by a multidisciplinary team
evaluation based on input by various sources
requires informed and written consent by parents
requires that parents are notified but doesn't need their consent
reevaluations are conducted once every three years, or if the student's parent or teacher requests it.
independent evaluations at schools expence are not covered
provides an independent evaluation at district's expence if parent disagrees with the first evaluation.
independent evaluations at schools expence are not covered
significant changes in program can take place without a reevaluation
requires q reevqluation before changes can be made

How are conditions for FAPE met


requires an individualized education program (IEP)
does not require an IEP
placement may be a combination of special education and general education classes
placement is usually in general classrooms; students can receive specialized instruction, or accommodations within general classroom.
appropriate education means an enhanced program designed to provide educational benefit to students with disabilities.
appropriate education means comparable to education for students who are not disabled
provides related services like transportation, speech and physical therapy, counseling services, psychological services, and socila services
provides related services

Due Process

must provide impartial hearings for parents
must provide impartial hearings for parents who disagree with plan.
requires written parental consent
does not require parental consent
parents must receive ten (10) days notice prior to changes
parents do not have to be informed
parents must be informed about specific procedures
most details are left to the discretion of the school, however parent do have an opportunity to participate
an impartial officer is appointed to hear disagreements
a hearing officer is usually appointed by the school
enforced by US Dept. of Education
enforced by Office of Civil Rights
provides a "stay put" provision where student continues to receive provisions of IEP until disagreement is resolved
no "stay put" provision






Reference



Understanding the Differences Between IDEA and Section 504. (2002) Teaching Exceptional Children, v.34(3). Council for Exceptional Children. Retrieved from http://www.ldonline.org/article/6086/